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PART - I
(i) Introduction
(a) Main Considerations
(b) Objectives of Effective Procurement
(c) Procurement in SSA
(ii) Financial Ceiling
(iii) Levels of Procurement
(iv) Procurement Plan
2
PROCUREMENT
Main
Considerations
3
Main Considerations of Proficient
Procurement
(i) Economy: Give the purchaser best value for money.
4
Why is Procurement Important?
In procurement terms inputs are generally grouped into three
categories:
(i) Civil Works School Infrastructure and facilities like New
PS, UPS, Residential Schools, Hostel, ACR, HM Room,
BRC/URC, CRC, Drinking water, Toilets, Girls Toilet, Ramps,
Handrail, Electrification, Retro-fitting, Boundary wall/ fencing,
Major Repairs, etc.
(ii) Goods - Typically equipment, computers, furniture,
textbooks, library books, uniforms, TLE, TLM, other
materials, supplies, commodities, etc.
(iii) Services Hiring of services including academic, technical
and resource support provided by institutions/organizations in
all areas, research studies, third party quality evaluation of
civil works, auditors etc.
The quality, timeliness, local appropriateness and affordability of
those procured inputs can largely determine whether the public
investments will succeed or fail. 5
Effective Procurement
Objectives
Timely
Right Lowest Meeting Delivery Reliable
Right
Quality possible recognized as per suppliers
quantities
product price standards schedule
6
PROCUREMENT IN SSA
Strictly follow procurement procedure prescribed in Chapter IX of the
Manual on Financial Management and Procurement (FM&P).
7
Points to be kept in view
Identification of Needs.
Ensure availability of specific budget provision.
Assessment of bulk requirement at the beginning of the financial year.
Computer, equipment, furniture, books etc in economic lots as per
annual need.
Procure miscellaneous items of stores not covered by bulk requirement
as per actual need.
Make all purchases to the best advantage after comparison of
competitive prices.
Strictly follow the level of procurement prescribed in the Manual
Encourage decentralized procurement
Avoid centralized procurement of items prescribed at lower level
8
PROCUREMENT
Strictly follow the levels of procurement provided in
Para 112 of the Manual on FM&P
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School/KGBV level
All civil works, except buildings for Residential Schools/Hostels and
KGBV.
Furniture to Govt. UPS
Library Books for schools
Teaching Learning Material
School grant.
Maintenance grant.
Teaching Learning Equipment
REMS
Learning Enhancement Programme (LEP).
Items required for KGBV.
Uniform
Office contingencies
Teacher Training
Community Training
Printing work
REMS
11
District level
Office equipment for DPO
Office furniture for DPO
Textbooks/other books/supplementary materials
Computers and accessories
Aids and appliances for CWSN
Office contingencies
Hiring of vehicles
Maintenance of equipment and vehicles
District level training and workshops
Printing work
REMS
ECCE Kit
Educational Kits for girls
Learning Enhancement Programme (LEP)
Construction of Residential Schools/Hostel and KGBV 12
State level
Textbooks
Computers and its accessories
Office equipment for SPO
Office furniture for SPO
Equipment for distance education
Aids and appliances for CWSN
Office contingencies
Hiring of vehicles
Maintenance of equipment and vehicles
State level training and workshops
Printing work
Engagement of consultancy firms (service contract)
Engagement of Auditors for external and internal audit
Engagement of experts/resource persons
Engagement of NGOs
REMS
13
Learning Enhancement Programme (LEP).
PART - II
14
Method of Procurement
Method of
Procurement
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OPEN TENDER
Meaning
The methods used in the evaluation and the award of contracts are
made known to all bidders.
Items covered
Civil works construction of BRC, Residential schools / Hostel,
KGBV, SIEMAT and any other civil works specifically approved by
Project Approval Board through contractors.
Goods 16
OPEN TENDER
Steps
Preparation of tender documents
Notification / Advertisement;
Issue of tender documents;
Pre-bid Conference
Submission of tender documents;
Public opening of tender;
Evaluation;
Selection of lowest evaluated responsive bidder based on
post qualification;
Negotiation with L-1 (if necessary)
Contract award; and
Contract performance 17
Tender documents:
Should be user friendly, self contained, comprehensive, unambiguous
and relevant to the objective of purchase.
Use Standard State Governments tender documents duly modified, if
necessary, to cover the following sections:
Section - I Invitation for Bids (IFB)
Important Clauses:
Notification of Tender Notice
Schedule of Requirement
Use the prescribed format given in the bidding documents
Post-Qualification Criteria
Signing of Bids
Late Bids
The bidder should ensure timely submission of bids.
Any bids received after the prescribed deadline shall be rejected
and returned to the bidder unopened.
Procurement Steps
Opening of Bid
Follow the procedures described in the Instructions for Bidders (IFB).
Open in public in the presence of bidders or his authorized
representatives ( maximum 2) who choose to attend the bid opening
process.
The authorized representatives must carry an authorization letter from
the bidder.
Strictly follow the date, time and place of bid opening specified in the
IFB
Open immediately after the deadline for submission of bids but not
exceed more than one hour from the deadline for submission of bids.
In the event of the specified date for opening of bids being declared a
holiday, the bids will be opened up to the specified time and location
on the next working day.
Obtain the signature of the bidder or his authorized representatives
who are present for having attended the bid opening.
Procurement Steps
Manner of Opening the bids
The Purchase Committee shall count the number of bids received
and allot numbers to each bid based on the total number of bids.
If 10 bids are received, the numbers will be allotted as 1/10, 2/10,
3/10 and so on.
All the members of the Committee shall initial with date on the outer
cover of all the bids.
In case the envelopes containing the bid offer are not properly
sealed, such bids need not be opened and rejected outright.
The reasons for not opening such bids shall be recorded on the
face of the envelope and all the members of the Committee shall
initial with date.
Read out at the bid opening, the bidders name, bid modifications or
withdrawals, bid prices, discounts, and the amount of earnest
money deposit.
Procurement Steps
Manner of Opening the bids
No bid shall be rejected at bid opening except those received after
the deadline for receipt of bids and unsealed bids which shall be
returned to the bidder unopened.
Prepare a summary of the read out bid prices as per the format
given in Annex-III.
All members present in the bid opening must sign with date all
pages of the bid documents, and the supporting documents
submitted by the bidder except printed materials.
Prepare the Minutes of the bid opening.
To assist in carrying out the opening and preparing of the record, a
bid opening check list is provided in Annex-IV.
Procurement Steps
Clarification of bids
Evaluation of Bids
Preliminary Examination of Bids
Begin immediately after bid opening the evaluation process.
The purpose of preliminary examination is to identify and reject bids
that are incomplete, invalid, or substantially non-responsive to the
bidding documents and therefore are not to be considered further.
Such bids shall not subsequently be made responsive by correction
or withdrawal of the non conforming deviation or reservation.
Carry out the following checks:
Procurement Steps
Verification
Attention should be given towards deficiencies that, if accepted,
would provide unfair advantages to the bidder.
Deposit for an amount smaller or for a period shorter than the one
specified in the IFB, not in conformity with the form and bank
specified in ITB are not acceptable.
Procurement Steps
Completeness of Bid
Missing pages in the bids shall be a cause for rejection of the bid.
Procurement Steps
Substantial Responsiveness
Technical Evaluation
In combined bids invited in one envelope system, the technical
evaluation will be carried out simultaneously by a Technical Committee
constituted for this purpose.
The ranking system by allotting marks will not be followed in the case of
technical evaluation of goods/equipment and works.
Procurement Steps
The Technical Committee will examine the bids with reference to the
technical specification specified in Annexure of the bidding
documents and comment on the responsiveness of the technical
specifications.
Reject the bids which do not conform to the technical specifications
specified in the bidding documents.
The format to ascertain responsiveness to technical aspects is
provided in Annex-VII.
In double envelope system, the evaluation of technical qualification
is carried out first and financial evaluation is done only the bids that
qualifies technical qualification.
In case the rates even after negotiation are very high , invite fresh
bids after rejecting all bids
Inspection
Premises inspection - In case the purchaser desired to carry out the
inspection of the premises of the supplier/contractor, the same may
be carried out before the award of contract.
Procurement Steps
Performance Testing Test at the suppliers premises on test
stands on measured data, corrected data and calculated
performance value, compared with specifications.
Award Criteria
Award the contract within the bid validity period.
Award the contract to the successful lowest evaluated responsive
bidder
The selected bidder need not undertake work not specified in
bidding documents or to modify his bid.
Within the bid validity period the purchaser may notify the
successful bidder in writing on the acceptance of bid which will
constitute the formation of contract
Retention Money
In the case of civil works contract - 5% of contract price
Retained 50% till completion of the work and
Retained 50% till the end of the defects liability or maintenance
period
Procurement Steps
Signing of Agreement
On acceptance of the bid, the Purchaser notifies the successful
bidder and send the bidder the prescribed Contract Form,
incorporating all agreements between the parties
Such bids will be rejected and declare the bidder ineligible for
further award of contract financed by the purchaser.
Procurement Steps
General Conditions of Contract (GCC):
Follow the provisions of the General Conditions of Contract prescribed
in the bidding documents
Special Conditions of Contract (SCC).
Follow the provisions of the Special Conditions of Contract prescribed
in the bidding documents
Adjudicator
Appointed jointly by the purchaser and bidder to resolve disputes in the
first instance.
Disputes or differences shall be settled in accordance with the
Arbitration and Conciliation Act, 1996.
Consist of three Arbitrators, one is to be appointed by the purchaser
and the bidder, the third shall be chosen by the two Arbitrators so
appointed who will be the presiding Arbitrator.
If one of the parties fails to appoint its Arbitrator within 30 days after
receipt of the notice of the appointment of its Arbitrator by the other
party, then the presiding Arbitrator shall be nominated by Indian Council
Procurement Steps
Delivery and Damages
Delivery of the goods shall be made by the Supplier in accordance
with the terms specified by the Purchaser in the notification of the
award.
The documents to be furnished by the Supplier are given below:
(i) .......... Copies of the Supplier invoice showing contract
number, goods' description, quantity, unit price, total amount;
(ii) Railway receipt/road transport receipt/airway bill/bill of lading
and acknowledgment of receipt of goods from the consignee(s);
(iii) Insurance Certificate;
(iv) Manufacturer's/Supplier's warranty certificate;
(v) Inspection Certificate issued by the nominated inspection
agency, and the Supplier's factory inspection report; and
(vi) Certificate of Origin their representatives.
Procurement Steps
Terms of Payment
The method and conditions of payment to be made to the Supplier are
given in Special Conditions of Contract.
Force Majeure
Issue a letter to the supplier to furnish the quotations for the required
goods/equipment.
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LIMITED TENDER
Invitation for quotations
No need of publication of notification in the newspaper/website.
Issue the request letters to suppliers on the approved list.
The request letter should indicate description, specifications and
quantity of the goods as well as desired delivery time and place.
Only one quotation by each supplier.
Bid Price
Quote for the full quantity as described in the invitation letter.
Corrections, if any, made by crossing out, dated initialing and re-writing.
Include all duties, taxes and other levies payable by the
Vendor/Supplier in the total price.
The rates quoted by the Vendor/Supplier be fixed for the duration of the
contract and not subject to adjustment on any account.
The prices are quoted in Indian Rupee.
LIMITED TENDER
Steps
Identifying items;
Laying down specifications;
Estimating total numbers and costs of items;
Need not notify in newspaper/website
Identifying likely agencies borne on the approved list of
contractors/ suppliers; (minimum 3, 8-10 for more competitive
rates)
Obtaining approvals of competent authority;
Issuing letters of invitation;
Processing quotations received;
Obtaining orders of competent authority for placing orders for
supply;
Issuing letters placing orders for supply and delivery period;
Quoted price shall include all duties, taxes and other levies;
Rates quoted be fixed and not subject to adjustment;
Ensuring inspection;
Ensuring timely supply: and
Making payments after delivery in satisfactory condition.
The financial ceiling prescribed for limited tender shall be applicable
for Rate contracts of DGS & D and Rate contracts of State
Governments.
SINGLE TENDER
Followed in the case of
Articles specifically certified as of propriety nature; or
Manufactured by a particular firm;
Goods including books;
Teaching materials;
School grant;
Hiring of vehicles; and
Operation and maintenance of equipment etc
Appropriate for
Extension of existing contracts
Standard equipment/spare parts for existing equipments from original
supplier.
Items obtainable from one source
Early delivery
In exceptional cases such as natural disaster.
WITHOUT TENDER / QUOTATION
Procurement of goods or group of goods estimated to cost the
equivalent of the ceiling of State Govt.
Issue suitable guidelines by the SIS
THROUGH COMMUNITIES
Construction of all civil works except, BRC, Hostel, KGBV and SIEMAT
BRC construction if the community is technically capable
Purchase of materials as per ISI certification, if available;
SPD may provide simple procurement guidelines
Identify the committee locally operating in the area.
Keep the following points in view:
Active involvement of community in planning and
implementation;
Who will procure the materials or goods used in
works;
Goods / works have to be executed as per
approved plans and specifications
The name and designation of the Engineer for
technical supervision and certification.
Suggested advance payments based on the certificate
issued by the Supervising Engineer
Considerations
Service Contract
Selection process
Preparation of Terms of Reference
Preparation of Cost Estimate and Budget
Advertisement, seeking Expression of Interest (EOI)
short listing of consultants/firms based on EOI
Issue of Request for Proposal (RFP) to short listed
Consultants/firms.
Receipt of RFP in two envelope system, technical and financial
proposals separately.
Formation of Evaluation Committee
Evaluation of Technical proposal and assign individual mark by
each member on the basis of responsiveness to the TOR
Open the Financial proposals of the qualifying Consultants
publicly in the presence of the Consultants/representatives
Final discussions including negotiations
Award of contract
Service Contract
Terms of Reference (TOR)
Prepare a well-defined TOR specifying the services to
be provided on the following lines:
Background information;
A precise statement of objectives;
An outline of tasks to be carried out;
A time schedule for completion of tasks;
The support/inputs provided by the Client;
Composition of Review Committee to monitor the services;
List of key personnel whose CV and experience would be
evaluated.
Service Contract
Preparation of Terms of Reference
Preparation of Cost Estimate and Budget
Advertisement, seeking Expression of Interest (EOI)
short listing of consultants/firms based on EOI
Issue of Request for Proposal (RFP) to short listed
Consultants/firms.
Receipt of RFP in two envelope system, technical and financial
proposals separately.
Formation of Evaluation Committee
Evaluation of Technical proposal and assign individual mark by each
member on the basis of responsiveness to the TOR
Open the Financial proposals of the qualifying Consultants publicly
in the presence of the Consultants/representatives
Final discussions including negotiations
Award of contract
Performance of contract
Service Contract
Cost Estimate and Budget
Based on the assessment of resources needed to carry out the
assignment, staff time, logistical support and physical inputs.
Costs divided into two broad categories (a) fee or remuneration
and (b) reimbursable.
Ensure that the requested services are within the current
financial budget.
Advertising
Not necessary for short term consultancy services.
Award of Contract
Post Review
Government of India or the funding agencies shall undertake
post review of the contracts awarded on procurement of goods,
works and services on a random basis.
All procurement documents should be retained and made
available to the review team.
Mis-procurement
Goods, works and services that have not been procured as per
the Manual shall be treated as mis-procurement and SSA funds
cannot be used for such procurement.
PROCUREMENT
Review revealed :
need for tightening of procurement system especially on
procedural lapses
incomplete documentations
irregularities
diversions of funds
Procedural lapses
Not issued solicitation letters to the vendors for obtaining
quotations.
obtained Quotations by hand by visiting the premises of
the vendors.
In some cases, notice inviting quotations being put on the
notice boards of SSA offices.
In some cases, L1, L2 and L3 share the same address and
telephone number.
Key Observations of Post review of Procurement
Procedural lapses
Engagement of contractors for construction of civil
works without obtaining the prior approval of PAB.
Non observance of the time limit of 30 days for
submission of bids.
Letter of award issued within 20 days, even though 30
days time limit was allowed for submission of bids.
Entire procurement cycle completed within 2 days.
Invoice date is prior to the purchase order date.
Cheques drawn prior to the issue of purchase order.
Splitting of orders to bring it within the financial
ceiling.
Contract amount exceeded without issue of repeat
orders or revision of contract agreement.
Not indicated Bid validity period in the bid 89
documents.
Key Observations of Post review of Procurement
Procedural lapses
Procured goods not taken in the fixed asset register.
Procured goods not found at site during visit.
Followed single tender instead of limited tender.
Followed limited tender instead of open tender.
Not taken Earnest money deposit from prospective
bidder.
Not indicated validity period of the earnest money
deposit in the tender documents.
Not obtained Security deposit/performance guarantee
from selected bidders.
Delay in delivery period stipulated in the PAB.
Irregularities in Procurement
Dates of all bids received were overwritten except the winning
bidder.
Vehicle providers had formed a cartel in the award of contracts
for hiring of vehicle.
Not selected Lowest bidder in a limited tender for construction of
additional class room on the ground of his inability to handle the
construction involving negotiation with second lowest bidder.
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Key Observations of Post review of Procurement
Irregularities in Procurement
Selected same contractor on single source basis in two
schools.
Purchased Computers from agencies not on authorized
DGS&D or State Government Rate contract entities.
Assets procured were not available for physical verification.
Absence of concerned staff during the course of review
despite prior notification of the visit.
Diversion of funds
Used ACR fund for the construction of library
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